Guantánamo and the New Legal Order
May 1, 2005
The "war against terrorism" has provided all executive branches of the leading Western governments with a perfect opportunity to make some deep adjustments to society. These changes are so far-reaching that they approach a shedding of the old political regime. We in the West are witnessing a reversal of the role of criminal procedure right across the board. Its usual function-to guarantee fundamental freedoms and cap the powers of police and government-is morphing into the opposite, a suspension of constitutional order. By extending exceptional proceedings to all stages of the criminal process-from inquiry to trial-private life is being invaded and the expression of public freedoms chilled. The antiterrorist legislation is explicitly political, and the subjectivity of its approach leaves significant room for interpretation. The arbitrary nature of the antiterrorist measures comes out particularly clearly in the lists of individuals and organizations officially labeled as "terrorists." Being listed means that one can legally be subjected to measures such as close-up surveillance, violation of the privacy of all means of communication from mail to electronic, and having bank accounts frozen
